Non-EEA partner of EEA citizen's Residence card lost - Anyone has any experience/advice?

[kamoe]

Today my wallet was stolen with all my documents inside, including my residence card as non-EEA partner of a EEA citizen.

According to the Home Office, a replacement is not mandatory but if I wish the card to be replaced, I need to make a fresh applicaton (according to the wording of an automated message I got by email, as a reply to my reporting of the documents as stolen:

You have lost your biometric card, or it has been stolen, you can choose whether or not to replace your residence card. You will not receive a penalty if you don’t replace it. You can apply at: https://www.gov.uk/apply-for-a-uk-residence-card.

Now, a friend also sent me this link, which explains the process to get a replacement BRP card: https://www.gov.uk/biometric-residence- ... en-damaged

Now... I think the second link only refers to lost BRPs issued under the Tier system, so it would seem that it does not apply to my case.

I wanted to ask if anyone has ever been in my situation (partner of EEA citizen and lost residence card). Do I really need to do a fresh application for a new EEA residence card, from scratch? Even if I already had one? It just... seems... ridiculous that there is no way to just print a new one or something, given there is one on file, and given the amount of documents I had to prepare, and the time I had to spend, my partner had to spend, and the caseworker had to spend to get the first one in the first place...

What would happen if I just try the process explained in the second link? Would that work?

Anyone knows?

Any experiences shared would be highly appreciated.

Best
Kamoe

[secret.simon]

Your understanding of the situation is correct. You are not eligible to use the BRP replacement process because you do not have a BRP (which is one issued under the Immigration Rules).

You are also correct in that if you lose your Residence Card, you need to apply for a Residence Card de novo.

A Residence Card (or Certificate for EEA citizens) only certifies that you meet the requirements on the date of application. If the Card is lost, to acquire a new one, you will need to prove that you meet the requirements once again, with more up-to-date evidence.

[kamoe]

Thanks, Simon. That's what I feared.

[kamoe]

Also, question: Why do they say getting a replacement card is not mandatory? I'm a foreign national in the UK, surely I need to produce a document when attempting to re-enter the UK after going abroad. I find that a bit misleading.

Now, A friend also told me that the immigration officer at the airport told her, that if she could produce a copy or picture of a stolen/lost residence permit, that would allow one to enter the UK, while a permanent document was in process. Can anyone confirm?

I'm just thinking if I have to replace the card at all. I need it for two things: a) enter the UK, b) prove my right to live and work here. I recently changed jobs and my employer already has copies of the stolen card. So if the above is true, do I need to replace it at all?

[Richard W]

Also, question: Why do they say getting a replacement card is not mandatory? I'm a foreign national in the UK, surely I need to produce a document when attempting to re-enter the UK after going abroad. I find that a bit misleading.

You don't have to leave the UK, and you don't have to re-enter.

I'm just thinking if I have to replace the card at all. I need it for two things: a) enter the UK, b) prove my right to live and work here. I recently changed jobs and my employer already has copies of the stolen card. So if the above is true, do I need to replace it at all?

Now would be a good time to replace it. You don't want to wait 6 months for a new RC if you change jobs again and the HO declines to give a CoA with right to work. You might also need it if you have to move into (new) rented accommodation, e.g. because your home is destroyed by fire.

As your wording ('partner') suggest that you are a durable partner rather than a family member, you may also have an awkward break in your employer's statutory defence between your residence card expiring and your receiving a CoA with right to work or permanent residence card. The new card will cover the gap.

[kamoe]

You don't want to wait 6 months for a new RC if you change jobs again and the HO declines to give a CoA with right to work.

Mainly this. I had not realized I'm actually back in limbo somehow, as you correctly interpreted, I'm only unmarred partner, not wife. I suppose I'm safe for now as copies of my old RC exist, but surely best to have a hard copy in case of any eventualities.

All good points, thanks Richard.

[justanotherchilli]

Hi kamoe,

I'm in the same situation as you except I am a direct family member. Unfortunately I was only issued with my BRP in July of this year too so it's like a bit of a punch in the face. However, that sentence about not having to re-apply for a residence card applies to direct family members only as if you go to the application information page it says that extended family members have to carry a BRP at all times.
I haven't re-applied for mine. They say applications for pre-settled status will be available by March 2019 so I am waiting for that.
I have since travelled outside the country and in order to get back I carried all the evidence required for me to re-enter:
Copy of lost BRP,
Marriage Cert,
Husbands registration certificate,
Proof we have been living together for two years.

They only checked the copy of my BRP but I believe the immigration officer didn't really know what he was doing. He insisted I only had to apply for a replacement and pay a fee *sigh* if only...

Sorry I don't have better news!

[kamoe]

Hi

I reapplied, and received my new BRP card two weeks ago. The whole process took only three weeks, from posting of application to receiving the card, so it's no that bad at all! I was very impressed and relieved!

[Domirald]

Hi

I am literally in the same situation and went through all the above. can you explain me the process ??

did you have to send all the proof like the first application??

Please help me!

[Domirald]

Hi kamoe,

I'm in the same situation as you except I am a direct family member. Unfortunately I was only issued with my BRP in July of this year too so it's like a bit of a punch in the face. However, that sentence about not having to re-apply for a residence card applies to direct family members only as if you go to the application information page it says that extended family members have to carry a BRP at all times.
I haven't re-applied for mine. They say applications for pre-settled status will be available by March 2019 so I am waiting for that.
I have since travelled outside the country and in order to get back I carried all the evidence required for me to re-enter:
Copy of lost BRP,
Marriage Cert,
Husbands registration certificate,
Proof we have been living together for two years.

They only checked the copy of my BRP but I believe the immigration officer didn't really know what he was doing. He insisted I only had to apply for a replacement and pay a fee *sigh* if only...

Sorry I don't have better news!

Hi

I have BRC not BRP also have all the following you mention about about travelling but do you think its risky to might not let you in again ?

[justanotherchilli]

Hi Domirald,
Yes I do think it's risky as it is completely dependant on the immigration officer. I took a chance and I didn't re-apply straight away as my husband and I have thousands of pounds of pre-booked travel, weddings etc that we have to attend so we cannot risk not having our passports for that. I making a judgement call based on the fact that I know they've got access to all my previous documentation and applications on file if they need, and that I plan on carrying all the evidence required (apart from my husbands passport) with me when I re-enter.
I plan on re-applying as soon as I can in January after I get back.
If I were you and I have about 5 weeks to spare before travelling I'd just re-apply and get it over and done with. Also it will be easier for when you want to apply for settled status or pre-settled status under the new rules if you have a residence card.

[Domirald]

Thank you for the advice. Please let me know when you come back how will it go .

[blas]

Hi, not sure if it's the same situation, but just in case: non-EEA wife that lost her Residence Card, in this case while travelling abroad (My wife is from a non-EEA country that doesn't need a VISA to enter the UK)

We came back to UK without the RC and aftre explaining the situation the officer who didn't know waht to do called another officer that just made us wait 5 mins and took her passport away for a few seconds. Then he came back returned the passport and allowed us in.

Moreover, we travelled again these Christmas without applying for a new RC and again explained the situation. The officer barely looked out passports and let us in.

We travelled with our marriage certificate and other documents, just in case the officer had any objections, but as I said, he just looked our passports a few seconds.

Hope that helps

[Domirald]

that is correct but what if she would travel alone ??

[blas]

Not sure what would happen if travelling alone, sorry.

[KID1413]

Just to chime in as we suffered something similar.

If your EEA card is lost/stolen when you are abroad or within the UK you need to report it as lost: https://www.gov.uk/apply-for-a-uk-resid ... tolen-card

I guess this would depend on the status of your Non EEA partner but in our case we can still enter the UK visa exempt due to my partner's nationality however since she's working we showed the officer our BRC number (we made a copy of it just in case) and he could see in the system that it was ours so ge stamped her passport and let her in with the remark of "No BRC seen".

In regard to the application, you cannot do the BRP lost guidelines outlined here: https://www.gov.uk/biometric-residence- ... en-damaged because you DO NOT HAVE AN BRP BUT AN BRC.

You need to reapply again using the EEA residence card application as before: https://www.gov.uk/apply-for-a-uk-residence-card

However in the application make sure you are saying that this isn't a new application but a lost/stolen case (which can be chosen).

The process is faster and took me around 1 month to get it done (a new application took me around 3 months) You need to post it as there's no European Passport Return service for this.

EEA Application lost residence card time:

Application submitted: 28/12/2018
Application received: 31/12/2018
Payment taken: 2/1/2019
BRP Letter dated: 8/1/2019
Email confirmation received: 9/1/2019
BRP letter received: 11/1/2019
BRP Enrollment: 14/1/2019
COA with work dated: 16/1/2019
COA with work received: 19/1/2019
Documents Returned letter dated: 26/1/2019
Documents Returned on: 29/1/2019
Resident Card Start Dated: 26/1/2019
Resident Card Received on: 30/1/2019

[jermeni]

So it is faster processing for lost BRC?

[kamoe]

So it is faster processing for lost BRC?

I do not think this is the case. Waiting time for replacing for my lost BRC was much faster than the original application (from 5 months to only a few weeks), but seeing the current timelines it seems that's the case for all applications, not just replacements.

Also, on both applications we applied jointly with my partner, two applications in one, and our timeline was still in line with everyone else's waiting time, who only made one application.

So my conclusion is, it is the queue of applications that are in front of yours that makes the bulk of the waiting time not the complexity of your application (I would guess, processing an application itself is fast, and doable in one morning). Since much fewer people are applying, waiting times are shorter.

[jermeni]

Just to chime in as we suffered something similar.

If your EEA card is lost/stolen when you are abroad or within the UK you need to report it as lost: https://www.gov.uk/apply-for-a-uk-resid ... tolen-card

I guess this would depend on the status of your Non EEA partner but in our case we can still enter the UK visa exempt due to my partner's nationality however since she's working we showed the officer our BRC number (we made a copy of it just in case) and he could see in the system that it was ours so ge stamped her passport and let her in with the remark of "No BRC seen".

In regard to the application, you cannot do the BRP lost guidelines outlined here: https://www.gov.uk/biometric-residence- ... en-damaged because you DO NOT HAVE AN BRP BUT AN BRC.

You need to reapply again using the EEA residence card application as before: https://www.gov.uk/apply-for-a-uk-residence-card

However in the application make sure you are saying that this isn't a new application but a lost/stolen case (which can be chosen).

The process is faster and took me around 1 month to get it done (a new application took me around 3 months) You need to post it as there's no European Passport Return service for this.

EEA Application lost residence card time:

Application submitted: 28/12/2018
Application received: 31/12/2018
Payment taken: 2/1/2019
BRP Letter dated: 8/1/2019
Email confirmation received: 9/1/2019
BRP letter received: 11/1/2019
BRP Enrollment: 14/1/2019
COA with work dated: 16/1/2019
COA with work received: 19/1/2019
Documents Returned letter dated: 26/1/2019
Documents Returned on: 29/1/2019
Resident Card Start Dated: 26/1/2019
Resident Card Received on: 30/1/2019

So you applied for replacement of your BRC not BRP? I applied for replacement of BRC last 22Feb. Payment has been taken on 25 Feb. I have not heard back or received anythng from them since. Did you have to do another biometric at the post office?

[Domirald_93]

That’s all understood ! Thank you all for replying .
I have one more question though if anyone can help !
When you apply for the lost BRC . Do you need to resent all the proofs , passport of both partners or you just fill out the form as they already have your details ?

Thank you

[kamoe]

When you apply for the lost BRC . Do you need to resent all the proofs , passport of both partners or you just fill out the form as they already have your details ?

You need to apply as if it was your first application, in the sense that you still need to give out all your details and documentary proof of your identity and that your relationship is still existing. No matter if they already have documentation, biometrics, etc. for a previous application, you need to do the whole process from scratch, all over again.

This is because the BRC is really only certifying your identity, exercise of treaty rights, and relationship status on the date of issue, not forever after that. So if you want to prove the same things again in the future, the previous proof is no longer relevant, and needs to be updated (you might have split, moved houses, stopped working, etc.)

The above is a bit counter-intuitive but that's the way it is.

[gemgarmo]

URGENT

Hello,

my partner is from Albania and I am from Spain. He has the EEA family permit and he lost his wallet last January. We applied for a replacement but they reply us today telling that Unfortunately, they are unable to process our application as you hold a Biometric Residence Card for an EU Resident.
We need to travel next saturday to Spain. Is there any possibility to present some document when we come back to UK next week?

I don't know which process we should do.
Thanks.

[kamoe]

I don't know which process we should do.

If you read the messages on this post and paid any attention to them, you'll realise that you need to apply for a EEA RC from scratch, as if it was your first time applying, not apply for a "replacement" (the link discussed in the OP was discussed and concluded to be the WRONG thing to do as is only applicable for Tier BRC cards, not EEA RCs).

That was widely discussed and very well clarified through the messages posted in this post, please read them.

Now, you might as well simply apply for a EUSS Residence Card instead.

[gemgarmo]

Thanks for your response. Do you know the processing times the EU Settlement Scheme Residence Card? Do you know if we can travel without this card?
Thanks

[obormot]

Albanians do not need visa for Schengen countries, but do need visa to enter UK.
Without visa or residence card they most probably will not be allowed to board the plane in UK destination by the air-company.
If you are married or in official civil partnership, then if you somehow manage to arrive (together) to UK board control, you might try to argue showing marriage certificate.

When you apply under settlement scheme they only issue physical card to non-EU family members who "do not have BRC" (everybody else just gets "digital status").
I am not sure about processing time when actual card is issued - search on this board. But even for just digital status it seems to vary greatly, though it is seems quite quicker then EU route residence card.